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Topic: Military tribunal

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Zhonghua Sun

January 1

2001

	Letter to Secretary Rumsfeld on Military Commissions (Human Rights Watch Letter, December 14, 2001 )
		Military Jurisdiction: The Department should specify that the personal jurisdiction of the military commissions would be limited to persons engaged in armed conflict against the United States who are being tried for violations of the laws of war.
		Military jurisdiction over enemy combatants is not a violation of fair trial guarantees, and, indeed, is expressly mandated by the Geneva Conventions for prisoners of war tried for violations of the laws of war.
		The President's order authorizes military trials for violations of the laws of war and "other applicable crimes." This open ended reference to other crimes permits persons to be tried for virtually any offense, well beyond violations of the laws of war for which military tribunals have historically been used.
	www.hrw.org /press/2001/12/military-comm-ltr.htm (1849 words)

	Military Tribunals
		Yamashita was prosecuted in a U.S. military tribunal in the Philippines.
		Because military tribunals haven't been used in more than fifty years, and for many people have associations of extreme injustice (modifiers such as "railroad" and "kangaroo" and sayings such as "military justice is an oxymoron" immediately jump to mind), quite a few of us, myself included, had a kneejerk reaction that they must be unconstitutional.
		Military tribunals, at their worst, are really just the shooting of prisoners of war, with a little extra paperwork as cover.
	www.spectacle.org /yearzero/tribunal.html (3173 words)

	Military tribunal - Wikipedia, the free encyclopedia
		A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil matters.
		The judges are military officers and fulfill the role of jurors.
		For the military tribunals used by President Bush, rules for admissible evidence are more lax than in civilian trials; hearsay and coerced testimoney, if it would have “probative value to a reasonable person,” and evidence kept secret from the defendant and his lawyer (if any) can be used to convict defendants.
	en.wikipedia.org /wiki/Military_tribunal (1120 words)

	Military Tribunal Authorization Act of 2002
		Military tribunals may be appropriate under certain circumstances, but only if they are backed by specific congressional authorization.
		This leaves introduction of legislation showing how military tribunals may be constituted to comport with constitutional mandates and values as one of the few avenues to inform the process in development of regulations.
		Second, on the length of detention, the bill authorizes detention of individuals subject to military tribunals for as long as the President certifies that the United States is in armed conflict with al Qaeda or Taliban forces in Afghanistan or elsewhere, or that an investigation, prosecution or post-trial proceeding against the detainee is ongoing.
	www.fas.org /irp/congress/2002_cr/s1941.html (3820 words)

	The Avalon Project : Charter of the International Military Tribunal
		The Tribunal shall have the right to take proceedings against a person charged with crimes set out in Article 6 of this Charter in his absence, if he has not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing in his absence.
		The judgment of the Tribunal as to the guilt or the innocence of any Defendant shall give the reasons on which it is based, and shall be final and not subject to review.
		The expenses of the Tribunal and of the Trials, shall be charged by the Signatories against the funds allotted for maintenance of the Control Council of Germany.
	www.yale.edu /lawweb/avalon/imt/proc/imtconst.htm (1976 words)

	Tribunal Formed For 3 Terror Suspects
		The ruling suggests that military tribunals also could be questioned as unlawful in federal courts, which isn't currently allowed.
		The military has charged al Qosi and al Bahlul with war crimes conspiracy, saying al Qosi was an al-Qaida accountant and bin Laden bodyguard and al Bahlul was a bin Laden bodyguard and propagandist for al-Qaida.
		Military tribunals are reserved for foreign-born captives and have looser standards for prosecution than in U.S. criminal trials.
	www.military.com /NewsContent/0,13319,FL_tribunal_063004,00.html (869 words)

	The Seattle Times: Nation & World: Military tribunal ignored evidence on detainee
		WASHINGTON — A military tribunal determined last fall that Murat Kurnaz, a German national seized in Pakistan in 2001, was a member of al-Qaida and an enemy combatant whom the government could continue to detain indefinitely at the U.S. military prison at Guantánamo Bay, Cuba.
		During tribunal hearings, a panel of military officers considers public and secret evidence, and the detainee is offered an opportunity to state his case and answer questions.
		Military records aren't clear on what the incident was, but in November 2003, an Istanbul synagogue was bombed and suspected bomber Gokhan Elaltuntas died.
	seattletimes.nwsource.com /html/nationworld/2002222099_detain28.html (1228 words)

	Opinion: Tribunal powers
		Whether some form of military or international tribunal would be an appropriate venue for bringing foreign terrorists to justice is a question for legitimate debate.
		A tribunal, whether convened abroad or here at home, will be freed from most of the rules of evidence and standards of proof that are the cornerstone of American trials.
		Depending on the rules the military lays down, a tribunal could insist that a defendant's guilt be established "beyond a reasonable doubt," or it could use a lesser standard.
	www.sptimes.com /News/112301/Opinion/Tribunal_powers.shtml (625 words)

	Military Tribunal International - Search Results - MSN Encarta
		The International Military Tribunal for the Far East was constituted under...
		At the same time Croatia and neighboring countries were confronting the murderous events that occurred during the war.
		In 1945 the United Nations achieved their original and primary aim, the military defeat of the Axis powers.
	encarta.msn.com /Military_Tribunal_International.html (321 words)

	CBC News Indepth: Guantanamo
		Yamashita was convicted by the tribunal and sentenced to death.
		The military tribunal that tried General Yamashita consisted of a panel of generals, none of whom had any legal training and who, according to Yamashita's defence lawyers, often had little understanding of legal procedures.
		In the military, all officers are part of the chain of command and are subject to the daily orders and the career decisions of their superior officers.
	www.cbc.ca /news/background/guantanamo/military_tribunals.html (1933 words)

	Military Tribunals--America Responds to Terrorism
		Under the order, the secretary is charged with establishing military tribunals (also called military commissions) to conduct trials of non-citizens accused of terrorism either in the United States or in other parts of the world.
		The court ruled that military tribunals do have the right to operate after hostilities have ended, because it is only then that most offenders, especially major ones, could be captured and tried.
		Some also argue that military tribunals could send the wrong message to the rest of the world, showing that America is ready to abandon its longstanding commitment to civil liberties in the face of terrorist threats.
	www.crf-usa.org /terror/military_tribunals.htm (3645 words)

	Abraham Lincoln and Civil Liberties in Wartime
		Military tribunals hold a significant place in American history, and they have always spawned public debate.
		Military tribunals, rather than the normal justice system, were used not only during the Civil War, but also during the Revolutionary War, Mexican War, and both World Wars.
		Terrorists are not members of an organized command structure with someone responsible for their actions; they do not wear a military uniform so that the other side can spare civilians without fear of counterattacks by disguised fighters; they do not carry arms openly; and there is no respect for the laws of war.
	www.heritage.org /Research/NationalSecurity/hl834.cfm (4616 words)

	Bush Orders Terrorist Trials by Military Tribunal
		Detention and trial of accused terrorists by a military tribunal is necessary "to protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks," the five-page order said.
		Military tribunals were also used during and after the Civil War.
		A military trial could also be held overseas, and Gonzales said there may be times when prosecutors feel a trial in the United States would be unsafe.
	www.commondreams.org /headlines01/1113-07.htm (984 words)

	Nuremberg War Crime Trials - The International Military Tribunal
		The International Military Tribunal was opened on October 18, 1945, in the Supreme Court Building in Berlin, which had become the seat of the Allied Control Council.
		Jodl, Alfred, general born in 1890, was head of the military command and advisor of Hitler in strategic and operative matters.
		From 1947 to 1949, twelve U.S. military trials involving politicians, military personnel, businessmen and industrialists, doctors, lawyers, members of the Foreign Office, etc. were held in Nuremberg.
	www.justiz.bayern.de /olgn/imt/imte.htm (1735 words)

	CNN.com - Lawmakers criticize Bush's order for military tribunals - November 16, 2001
		A military commission appointed by the secretary would decide guilt or innocence, what evidence to admit, and could even invoke the death penalty without a unanimous verdict of guilt.
		The lawmakers claim the military tribunals would be an abuse of executive power that threatens the civil liberties the nation has been fighting for since September 11.
		An individuals chosen for such a military tribunal would have no right to a jury trial, no right to confront his accuser and there is no right to judicial review of the trial procedures or the sentence.
	archives.cnn.com /2001/US/11/16/inv.tribunals (494 words)

	Dachau International Military Tribunal - Wikipedia, the free encyclopedia
		The Dachau Military Tribunal was set up after World War II by the Judge Advocate Department of the U.S. Third Army to conduct proceedings against minor war criminals found in the United States sectors of occupation in Germany and Austria, and those accused of committing war crimes against American citizens and military personnel.
		Unlike the International Military Tribunal at Nuremberg which consisted of judges from 4 different nations, the Dachau trials were overseen exclusively by the United States.
		The Mauthausen Camp Trial, Sixty-one officials of this camp were tried by a U.S. military court at Dachau in March/April, 1946; 58 defendants were sentenced to death (11 May 1946) and were executed, including the commandant of the Todtenkopf guard.
	en.wikipedia.org /wiki/Dachau_Military_Tribunal (611 words)

	NAZI SABOTEURS ON TRIAL: A MILITARY TRIBUNAL AND AMERICAN LAW
		He insists that the latter episode must be contemplated in light of contemporary actions—including the post‑September 11, 2001 directive by President George W. Bush to authorize the creation of military tribunals to try non‑U.S. citizens who may have assisted al Qaeda terrorists—so as not to repeat a rush to judgment.
		The authorization of military tribunals by the George W. Bush administration followed closely the precedent set by Franklin Roosevelt as far as the admission of evidence, vote required for conviction and sentencing, and the procedure for review.
		Fisher contends that the creation of the military tribunal by President Roosevelt in the German saboteurs incident was "deeply flawed" (p.172) and that the United States seems to be duplicating the mistakes that led to the expedient execution of most of the aforementioned participants.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/fisher-louis2.htm (1283 words)

	The Seattle Times: Nation & World: Guantánamo Bay military-tribunal rules under review (Site not responding. Last check: 2007-10-29)
		WASHINGTON — The Pentagon says it is undertaking a thorough review of rules governing military tribunals for accused al-Qaida fighters at the Guantánamo Bay prison in Cuba, after U.S. military officials granted significant concessions to Australian government negotiators who wanted a relaxing of the legal rules that would apply in the military courts.
		Military officials said Tuesday night the concessions granted to the British and Australian detainees may not apply to other countries' citizens brought before the tribunals.
		Military officials will not monitor conversations between him and his attorneys, and if convicted he could serve his sentence in Australia.
	seattletimes.nwsource.com /html/nationworld/2001802221_gitmo27.html (344 words)

	USATODAY.com - Guantanamo hearings start today (Site not responding. Last check: 2007-10-29)
		The Pentagon's new version of military tribunals — or commissions, as it calls them — has been criticized by U.S. allies and international human rights advocates as unfair because of the military's exclusive control of the process and the lack of appellate review by civilian courts.
		The tribunal might be unable to achieve one of the goals of the hearings: setting trial dates.
		A vote of two-thirds of the tribunal — four members, in these cases — is needed to convict and impose a sentence.
	www.usatoday.com /news/washington/2004-08-23-gitmo-hearings_x.htm (1080 words)

	CNN.com - U.S. moves step closer to opening military trials of terror suspects - Dec. 31, 2003
		On Tuesday the Pentagon announced that a retired Army general will oversee the military tribunals, with authority to approve charges and to appoint members of the tribunals who will hear cases.
		His last military assignment was assistant judge advocate general for the Department of the Army.
		The Pentagon on Tuesday also named four members of a review panel that would hear appeals of cases decided by military tribunals, and said they will be commissioned as Army major generals for their two-year terms on the panel.
	cnn.com /2003/LAW/12/31/military.tribunals.ap/index.html (688 words)

	Berga. War Crimes. WWII and Its Legacy. WWII Atrocities \| PBS
		For example, the Geneva and Hague Conventions in place during World War II were focused on the relationship between belligerent nations and military forces while ignoring, at least to some extent, war's impact on the civilian population.
		This absence of law establishing protections for all civilians challenged the Tribunals' ability to hold military and civilian leaders of the Third Reich accountable for the war crimes committed against its own civilian population.
		In addition to the Nuremberg and Tokyo Tribunals, which tried only the top echelon of political and military leaders, thousands of war crimes trials were conducted by more than twenty countries in Europe, Asia, Australia, and the Pacific.
	www.pbs.org /wnet/berga/crimes/mt.html (453 words)

	Mudd's family renews effort to clear his name / Court petition for doctor in Lincoln assassination (Site not responding. Last check: 2007-10-29)
		Nonetheless, he was arrested and tried before a military tribunal, which convicted him of aiding and abetting the assassins and sentenced him to life in prison.
		At the time of his conviction, Samuel Mudd argued that a military tribunal did not have jurisdiction over his case because he was a civilian and a U.S. citizen and that civilian courts were in session.
		The Mudd family lawyer, Philip A. Gagner, argued that Samuel Mudd's conviction in the military tribunal has "a continuing impact on the Mudd family" and that the tribunal did not have jurisdiction in the case.
	www.sfgate.com /cgi-bin/article.cgi?file=/c/a/2002/09/04/MN152013.DTL (868 words)

	International Military Tribunal
		British Military and Criminal History in the period 1900 to 1999.
		The Governing document produced by these meetings was the Charter of the International Military Tribunal.
		The International Military Tribunal (IMT), governed by its charter, would try suspects whose acts were across national boundaries.
	www.stephen-stratford.co.uk /imt.htm (1193 words)

	President Issues Military Order
		(a) Any individual subject to this order shall, when tried, be tried by military commission for any and all offenses triable by military commission that such individual is alleged to have committed, and may be punished in accordance with the penalties provided under applicable law, including life imprisonment or death.
		(b) As a military function and in light of the findings in section 1, including subsection (f) thereof, the Secretary of Defense shall issue such orders and regulations, including orders for the appointment of one or more military commissions, as may be necessary to carry out subsection (a) of this section.
		(a) As a military function and in light of the findings in section 1, the Secretary of Defense shall issue such orders and regulations as may be necessary to carry out any of the provisions of this order.
	www.whitehouse.gov /news/releases/2001/11/20011113-27.html (1271 words)

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